Accident Reconstruction

 CPCU  FL  LA  NC  NH  RPA  TX

• Review the data recording capabilities of certain cars and commercial vehicles and the use of such data in the field
• Describe the technology utilized for air brake testing of commercial vehicles and how that test data is used to determine compliance with the Federal Motor Carrier Safety Regulation
• Recognize the litigation advantages of developing an accident reconstruction case using the most current technology

Application of Misrepresentation Defenses in Auto Policies

 CPCU  FL  NC  NH  RPA  TX

• Identify whether misrepresentations are material to the risk assumed by the insurer and understand when the insurer may have a duty to independently investigate
• Evaluate the effects of misrepresentation on the rights of third parties to the insurance policy
• Understand how to effectively deal with the insured's failure to cooperate and assist in the defense of third party claims
• Learn how to avoid inadvertently creating estoppel arguments

Are Eight Corners Enough?

 CPCU  FL  NC  NH  RPA  TX

• Analyze courts' increasing interest in the issues raised in determining the duty to defend from pleading allegations and the effects of extrinsic facts
• Describe the general rules applicable to determining the duty to defend
• Identify how allegations are insufficient or problematic in liability claims when analyzing the duty to defend
• Explore how to handle problematic allegations

Auto Fraud Investigations: Use of Forensic Evidence

 CPCU  FL  NC  NH  RPA  TX

• Identify the types of fraud that are prevalent in the auto insurance industry
• Review traditional forensic approaches to the investigation of auto claims
• Evaluate the structure of data streams and data bases as tools to detect auto fraud
• Measure the benefits of forensic intelligence solutions in the fight against auto fraud

Auto Fraud Investigations: Use of Forensic Evidence

 CPCU  FL  NC  NH  RPA  TX

• Identify the types of fraud that are prevalent in the auto insurance industry
• Review traditional forensic approaches to the investigation of auto claims
• Evaluate the structure of data streams and data bases as tools to detect auto fraud
• Measure the benefits of forensic intelligence solutions in the fight against auto fraud

Bad Faith in Liability Insurance

 CPCU  FL  NC  NH  RPA  TX

• Identify warning signs of bad-faith exposure in third-party contexts and develop a responsive action plan, evaluating and responding to settlement offers within policy limits
• Develop an action plan to respond to and contain punitive damages claims in the third-party bad-faith context
• Describe special circumstances presented by non-covered claims and claims with multiple claimants
• Review emerging bad-faith issues and trends in the third-party liability claims context, including discovery issues and bifurcation

CGL Coverage for Construction Defect Claims

 CPCU  DE  FL  NC  NH  OK  RPA  TX

• Explore analytical framework for claims professionals to evaluate and adjust construction defect claims
• Review and apply relevant policy provisions
• Discuss real world issues and examples concerning construction defect and faulty workmanship

Concurrent Causation in Personal Auto and Homeowners Policies

 CPCU  FL  NC  NH  RPA  TX

• Understand the competing policy interpretation issues that may give rise to overlapping coverages
• Gain awareness of different factual situations that are likely to lead to overlapping coverage arguments
• Implement strategies for efficient resolution of coverage issues among insurers when overlapping coverage issues may be present

Criminal Acts, Terrorism & Liability Claims

 CPCU  FL  NC  NH  RPA  TX

• Identify who is potentially liable for criminal acts, including terrorism
• Review the theories of liability against typical target defendants
• Evaluate defenses available to the target defendants
• Describe the unique challenges/exposures with litigation arising out of criminal acts

Emerging Issues in Construction Defect Cases

 CPCU  FL  NC  NH  RPA  TX

• Describe legal arguments commonly used by both sides to faulty construction coverage disputes
• Analyze relevant CGL policy language in light of recent case law interpreting key policy provisions
• Compare and contrast outcomes of court decisions across jurisdictions to identify trends and weigh strengths and weaknesses of various coverage positions
• Discuss alternative sources of coverage

Handling Severe Loss Claims

 CA  CPCU  FL  NC  NH  OK  RPA  TX

• Identify what constitutes a "severe" property damage or bodily injury claim
• Properly investigate severe property damage and bodily injury claims, and evaluate damages and standards for retaining experts
• Identify and address coverage issues relative to severe claims
• Properly adjust and evaluate severe claims, including payment and settlement

Hidden Exposure for Attorneys Fees Under Supplementary Payments Provisions

 CPCU  FL  NC  NH  RPA

• Learn about the terms and conditions of supplementary payment provisions in a typical liability policy
• Understand the types of claims that traditionally have been made and paid under these provisions
• Identify new types of claims that policyholders are contending are payable under these provisions
• Discuss defenses to these new claims

Intellectual Property Claims Defense

 CPCU  FL  NC  NH  RPA  TX

• Describe the unique nature of intellectual property claims that impact defense strategies
• Determine when the policy requires a defense obligation and when to seek help from coverage counsel
• Partner effectively with intellectual property counsel to improve outcomes
• Identify good faith practices and strategies when defending or indemnifying insureds with intellectual property claims

Products Liability Claims in Property Damage Losses: Understanding the Language

 CPCU  FL  NC  NH  RPA  TX

• Review theories of liability (warranty, negligence and strict liability) for purposes of defense and subrogation
• Identify product defects, potential defendants, and their defenses
• Describe how the engineer/expert witness can help in the products case
• Create a tips checklist for investigating product cases
• Evaluate recent court rulings affecting products litigation (Daubert & Kumho Tire)

Soft Tissue Injury Cases

 CPCU  FL  NC  NH  RPA  TX

• Describe common issues in complex soft tissue injury cases, including long-term treatment and over-treatment, chronic pain, and other subjective complaints
• Review less common medical conditions which present difficulties in soft tissue injury cases
• Examine long-term chiropractic care; how do we defend against claims of necessity of chiropractic care which may continue for years?
• Evaluate potential experts in complex soft tissue injury cases, including medical experts, engineers, reconstructionists, and human factor experts

Terminating the Duty to Defend: Tactical Issues

 CPCU  FL  NC  NH  RPA  TX

• Identify coverage and/or liability developments that justify an insurer's termination of a defense
• Determine when and how an insurer's duty to defend may be terminated and describe appropriate methods to end it
• Identify bad faith risks an insurer faces when it terminates defense vs. denying coverage from the claim outset
• Describe the circumstances under which an insurer can withdraw from a defense or extinguish its duty by tendering policy limits

Third-Party Property Damage and Economic Loss

 CA  CPCU  FL  NC  NH  OK  RPA  TX

• Determine when to pay damages for resultant economic loss and when not to pay for economic loss that flows from "property damage" that is not covered because of the business risk exclusions
• Assess how economic losses arise out of excluded claims for damage to the insureds "work" and "product"
• Identify tangible vs. intangible property; and assess when tangible property is physically injured

When Is Independent Counsel Needed?

 CPCU  FL  NC  NH  RPA  TX

• Describe the test for appointment of independent counsel
• Recognize the role of a reservation of rights in the appointment of independent counsel
• Identify the types of conflicts which give rise to the duty to appoint independent counsel
• Identify the costs of the appointment of independent counsel

When Is Independent Counsel Needed?

 CPCU  FL  NC  NH  RPA  TX

• Describe the test for appointment of independent counsel
• Recognize the role of a reservation of rights in the appointment of independent counsel
• Identify the types of conflicts which give rise to the duty to appoint independent counsel
• Identify the costs of the appointment of independent counsel